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HomeMy WebLinkAbout01/23/1989 Meeting (2) e e e M I NUT E S Eugene City Council Council Chamber--City Hall January 23, 1989 7:30 p.m. COUNCILORS PRESENT: Ruth Bascom, Roger Rutan, Shawn Boles, Debra Ehrman, Freeman Holmer, Emily Schue. COUNCILORS ABSENT: Robert Bennett. The regular meeting of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. At Ms. Ehrman's request, Mayor Miller announced that agenda item V. concerning the expansion of Laurelwood Golf Course would be held over until ths council's February 13 meeting. I. PUBLIC FORUM Mayor Miller welcomed those attending the meeting and said the council has a mandatory adjournment time of 10:30 p.m., unless extended by majority vote of the council. Mayor Miller said the public forum is an opportunity for people to express opinions and provide information to the council about issues that are not scheduled for council consideration. He said the council will not respond immediately to the concerns expressed in the public forum. II. PUBLIC HEARING: ORDINANCES CONCERNING HAZARDOUS MATERIALS City Manager Mike Gleason introduced the topic. Roger Cleland, Department of Public Safety, reported that the ordinances under consideration would provide for the safety of the public, of employees involved in storage, use, handling, and dispensing of hazardous materials, and of emergency personnel responding to incidents. Mr. Cleland said this would be accomplished through inspection of processes using hazardous materials, an inventory of hazardous materials present in the community, and education of industries and the community in how to properly store, handle, and use hazardous materials. Mr. Cleland explained that the Appendix section details the elements of the Hazardous Materials Management Plan. Storage of hazardous materials will conform with zoning ordinances. The ordinances would not regulate off-site transportation of hazardous materials, nor does it regulate such commerce items as alcoholic beverages, medicines, foodstuffs, cosmetics, and some retail sales. MINUTES--Eugene City Council January 23, 1989 Page 1 e e e Mayor Miller opened the public hearing. There being no requests to speak, Mayor Miller closed the public hearing. CB 4117--An ordinance concerning the Uniform Fire Code and amending Sections 8.190 and 8.200 of the Eugene Code, 1971 (adding Article 80 regulating hazardous materials). CB 4118--An ordinance concerning licensing provisions for Fire Safety and Hazardous Materials Licenses, and amending Chapter 3 of the Eugene Code, 1971. Ms. Bascom moved, seconded by Mr. Rutan, that the bills, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. The bills were read a second time by council bill number only. Ms. Bascom moved, seconded by Mr. Rutan, that the bills be approved and given final passage. Mr. Boles noted that passage of the bills would include the license fees as proposed, and he suggested further examination of what those license fees would need to be in order to capture the costs of equipment and training for the Hazardous Materials team, the computer system, testing, and annual inspection. Mr Gleason said the council could receive an estimate of annual costs and would receive a report one year from enactment of the ordinance. Roll call vote; all councilors present voting aye, the bills were declared passed and became Ordinance No. 19593 and Ordinance No. 19594. III. PUBLIC HEARING: ADOPTION OF DRAFT CITY OF EUGENE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 1989-90 THROUGH 1994-95 City Manager Mike Gleason introduced the topic. Teresa Bishow, Planning, Development, and Building Department, reported that the Budget Committee held a public hearing on the Capital Improvement Program (CIP). The Planning Commission considered testimony submitted to the Budget Committee and was recommending council approval with changes as noted on the errata sheet included in the council packet. Those changes revised the description of "Development Department Overview" to reflect the larger department and included a new project addressing the capital needs of the downtown parking garages. In addition, Ms. Bishow said the Planning Commission expressed concern regarding the need for a City policy to address public safety problems associated with neighborhood parks. MINUTES--Eugene City Council January 23, 1989 Page 2 e e e Ms. Bishow continued by saying the Planning Commission requested staff to provide information during the next CIP process to help facilitate the commission's evaluation of the draft CIP for consistency with adopted City goals and policies. Mayor Miller opened the public hearing. There being no_requests to speak, Mayor Miller closed the public hearing. Ms. Bascom moved, seconded by Mr. Rutan, to adopt the draft Capital Improvement Program for 1989-90 through 1994-95, including the changes recommended by the Planning Commission and Budget Committee as noted in the errata sheet. Mr. Holmer noted that while he would vote in favor of the motion, he suggested seeking a more efficient way of addressing the CIP. In his opinion, because the council would consider the CIP as part of the budget process, the council's approval at this time appeared to have little meaning. Roll call vote; the motion passed unanimously, 6:0. IV. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTIES LOCATED ON KNOOP LANE BETWEEN WALNUT AVENUE AND RIVER ROAD (HALL/MOORE AZ 88-3) City Manager Mike Gleason introduced the topic. Cathy Czerniak, Planning, Development, and Building Department, reviewed the criteria for annexation and rezoning found in Section 9.158 of the Eugene Code. The property must be within the urban growth boundary and the annexation must be consistent with adopted plans and policies. Public service system facilities must be available and the annexation must result in a boundary within which services can be provided in an orderly, efficient, and timely manner. The uses and density that will be allowed must be able to be provided with services and the zone change must be consistent with the principals of compact and sequential growth. The proposed change must be consistent with the Metropolitan Plan and with applicable adopted neighborhood refinement plans. Ms. Czerniak noted that a letter which had been received after preparation of the council's materials was from the same person who submitted a letter to the Planning Commission that was included in the packet. That property owner was not included in the annexation proposal being considered. Ms. Czerniak explained that the annexation includes eight tax lots and portions of Mayfair Street and Knoop Lane rights-of-way. Five of the lots are currently developed with single-family residential units and three with duplexes. The proposal includes only consenting property-owners. Nonconsenting property owners were not included in this proposal for several reasons: 1) Nonconsenting properties are not essential in providing services to the eight properties; 2) The City is currently in the process of reviewing the annexation program; and 3) Inclusion of nonconsenting properties could further delay connection to the sewer system for properties currently experiencing septic system problems. MINUTES--Eugene City Council January 23, 1989 Page 3 ~ Ms. Czerniak reported that the owner of six of the tax lots initiated the annexation proposal as a response to failing septic systems. Sewers are currently in place on Mayfair Street and Knoop Lane and Ms. Czerniak said property owners have indicated a preference to invest in connecting to the sewer system rather than to continue attempting to correct the septic system problems. As a result of staff inquiries, two adjacent property owners consented and were included in the proposal. Ms. Czerniak stated that the annexation is consistent with existing policies, and the proposal area is within the urban growth boundary, and urban services can be provided. For example, fire protection is currently provided by the City of Eugene under contract with the River Road Water District, and police currently provide service to properties along River Road approximately 750 feet to the east of the proposal. Included in the request is a request for concurrent rezoning of the property from low-density residential County zoning, to City low-density residential zoning. Ms. Czerniak noted that the Planning Commission unanimously recommended approval of the annexation and rezoning request. She added that approval would be accompanied by the application of the five-year tax differential plan to the properties. e Referring to a petition opposing the annexation, Ms. Ehrman inquired about opposition from nonproperty owners. Ms. Czerniak responded that only registered electors included in the annexation proposal have the right to remonstrate. Ms. Schue asked about an objection to the inclusion of Knoop Lane in the annexation and Ms. Czerniak said the Planning Commission had discussed the inclusion of the intervening portion of Knoop Lane, east of the proposal. While its inclusion would clarify maintenance responsibility, Ms. Czerniak noted that the commission had not included a 7S0-foot portion of Knoop Lane in the proposal because it was not essential and was the subject of objections. She added that the Boundary Commission would have an opportunity to include additional right-of-way when it considers the annexation. No ex parte contacts or conflicts of interest were declared. Mayor Miller entered the staff notes and minutes into the record. Mayor Miller opened the public hearing. Ed Kashin, 150 Knoop Lane, said he would be affected by a portion of the annexation being proposed. Mr. Kashin opposed the proposal because of staff's recommendation to include the rest of the Knoop Lane right-of-way which he said would change it from an island to a cherry stem annexation. Mr. Kashin claimed that complete and correct information was not included in the announcement of the evening's public hearing. He considered Knoop Lane's inclusion in the annexation as unnecessary and recommended it not be included. e MINUTES--Eugene City Council January 23, 1989 Page 4 e e e Everett Hall, 265 Knoop Lane, reported failing septic systems in the area proposed for annexation. As owner of six of the tax lots in the proposal, Mr. Hall requested annexation in order to connect to the City sewer system. Harold Chapman, 51 Chapman Drive, distributed an annexation map dated July 30 and reviewed the sequence of events following Mr. Hall's May 10 request for annexation. He cited postponements and delays in the process and referred to a March deadline for a tax differential program which he said was one of the reasons Mr. Hall had requested annexation. Mr. Chapman said the Boundary Commission would not consider Mr. Hall1s request before its April 6 meeting and he requested delaying action on the annexation proposal in order to first decide whether the tax differential program should be extended. He questioned the council taking action on the issue until the Ward 6 vacancy has been filled. Mr. Chapman referred to Mr. Hall's position as a City employee, saying that Mr. Hall should have taken his request for annexation directly to the Boundary Commission and he listed other annexation requests on which the commission had already taken action. Finally, Mr. Chapman maintained that annexation would result in a property tax increase for the residents of Santa Clara and he said the tax differential program had lost credibility. As a result of the Hall request, Ms. Czerniak said others in the neighborhood were contacted in an attempt to make a larger proposal which would not be non-contiguous. Referring to Mr. Chapmanls comments regarding expedited annexation requests, Ms. Czerniak said guidelines the council provided 'staff included recommendations regarding when property owners should go directly to the Boundary Commission. Those guidelines specified annexations that included all consenting property owners and annexations that included undeveloped residential property or industrial or commercial property with less than five residential units on those properties. She said this annexation request did not meet the last of those guidelines and for that reason staff did not recommend that Mr. Hall go directly to the Boundary Commission. Regarding the tax differential issue, Ms. Czerniak said the length of time required to process annexation requests through the Planning Commission, City Council, and Boundary Commission prevented this annexation from becoming effective until after the April Boundary Commission meeting. This and several other annexations will be in process and Ms. Czerniak said staff intends to request that council extend the tax differential program. City Attorney Tim Sercombe said the resolution being considered by the council would extend the tax differential treatment to this particular annexation request. The policy governing council IS actions on annexations will expire March 31. He said the City Attorney's Office interprets a prior council resolution on tax differential to control annexations that are initiated before the council at the time the policy is in effect, and not necessarily annexations that are complete in terms of final passage by the Boundary Commission at the time the policy expires. Regardless of interpretation of the policy adopted last year, Mr. Sercombe said the MINUTES--Eugene City Council January 23, 1989 Page 5 e resolution under consideration at this time would, by its own terms, extend tax differential to the particular proposal. Mr. Gleason said the issue of extension of the tax differential program has nothing to do with the proposal under consideration and that extension would only affect future applications. Ms. Bascom expressed concern about failing septic tanks and the associated health issues. She said pollution of the area's water table was a shared concern among councilors that influenced consideration of annexation proposals and she expressed appreciation for citizens' recognition of that danger. Ms. Bascom regretted any ill-will associated with annexation. Ms. Ehrman indicated that giving the petitioner in this case the benefit of the tax differential program was not inappropriate as Mr. Chapman implied. She said Mr. Hall had applied during the period when the incentive was being offered. Mr. Holmer referred to the use of the word "strategic" in the staff notes relating to annexation policy, and asked whether acting now might deprive Mr. Hall of greater benefits at some future date. Mr. Gleason referred to the council's initial work session on annexations and said he anticipated changes in the annexation program would involve developing a financial system to facilitate sewer connection. He said those changes are speculative at this point. e Res. No. 4108--A resolution furthering annexation to the City of Eugene and the Lane County Metropolitan Service District for properties located on Knoop Lane between Walnut Avenue and River Road. Final Order No. 88-3--A final order rezoning properties located on Knoop Lane between Walnut Avenue and River Road from County RA/UL to City R-l. Redesignation from County Residential Sign District to City Residential Sign District. The resolution and final order were read by number and title only. Ms. Bascom moved, seconded by Mr. Rutan, to adopt the resolution and final order. Roll call vote; the motion passed unanimously, 6:0. V. LAURELWOOD GOLF COURSE EXPANSION This item was postponed until February 13. e MINUTES--Eugene City Council January 23, 1989 Page 6 e VI. CALL FOR PUBLIC HEARING FOR FEBRUARY 27, 1989, CONCERNING A PEDESTRIAN WALKWAY VACATION REQUEST (DONALD SCHROEDER) (PV 88-1) Mr. Gleason recommended council's adoption of the call for a public hearing. Ms. Bascom moved, seconded by Mr. Rutan, to call for a February 27, 1989, public hearing for a vacation request by Donald J. Schroeder (PV 88-1) of a ten-foot pedestrian walkway, located east of Chippendale Drive, between Lots 24 and 25, Block 2, of the Chippendale Subdivision. Roll call vote; the motion passed unanimously, 6:0. VII. CALL FOR A PUBLIC HEARING CONCERNING A STREET VACATION REQUEST AT THE NORTHWEST CORNER OF CHIPPENDALE DRIVE AND SHERATON DRIVE (DONALD J. SCHROEDER) (SV 88-5) Ms. Bascom moved, seconded by Mr. Rutan, to call for a February 27, 1989, public hearing for a street vacation request by Donald J. Schroeder (SV 88-5). Roll call vote; the motion passed unanimously, 6:0. VIII. APPOINTMENTS: MAYOR'S NOMINATIONS TO THE SOUTHERN WILLAMETTE PRIVATE INDUSTRY COUNCIL e Mayor Miller requested reappointment of Jacquelyn Romm (business representative, recommended by the Chamber of Commerce); appointment of Don Bobo (business representative, recommended by the Chamber of Commerce), to complete the unexpired term of Debra Williams ending December 31, 1989; and appointment of Charley Thompson (business representative, recommended by the Chamber of Commerce), to complete the unexpired term of Chris Pryor ending December 31, 1989, to the Southern Willamette Private Industry Council. Ms. Ehrman inquired about the practice of seeking input on nominations from the Chamber of Commerce. Mr. Gleason noted that all three nominations were for business representatives and it was therefore appropriate for the chamber to make recommendations on those appointments connected to itself. Ms. Bascom moved, seconded by Mr. Rutan, to appoint the Mayor's nominations to the Southern Willamette Private Industry Council as outlined. Roll call vote; the motion passed unanimously, 6:0. IX. APPOINTMENTS: NOTIFICATION OF MAYOR'S APPOINTMENTS TO THE SISTER CITY COMMISSION Mayor Miller explained that applications are still being reviewed for one appointment and said the council will be notified regarding his decision. e MINUTES--Eugene City Council January 23, 1989 Page 7 ~ X. CITY COUNCIL MINUTES: OCTOBER 24, NOVEMBER 7, NOVEMBER 9, NOVEMBER 16, NOVEMBER 28, AND DECEMBER 12, 1988 e e Ms. Bascom moved, seconded by Mr. Rutan, to approve the City Council meeting minutes of October 24, November 7, November 9, November 16, November 28, and December 12, 1988. Roll call vote; the motion passed 5:0:1, with Councilor Boles not voting because he was not present at the meetings. The meeting was adjourned at 8:20 p.m. to January 25, 1989. Resp~~ctfully sub~i t,~.ed, ,/.' ,...--, r r ",' " ,. ~,'1' ~. t-' /' .'W' /;/' ~ ~ Micheal Gleason, City Manager (Recorded by Mary Feldman) mncc 012389-730 MINUTES--Eugene City Council January 23, 1989 Page 8